Standards & Technical Measures :
TBT Agreement: India’s Perspective
Parminder Bajaj
Head (International Relations & Techni...
Objectives of WTO
To ensure
 Free, more transparent and more
predictable trade
 Confidence in International Trade amongs...
Technical Barriers to Trade
WTO Agreements
 Rules for international trade being written
through various WTO Agreements
 ...
TBT AGREEMENT
 Applies to all products incl industrial and
agricultural products
 Voluntary standards & Technical regula...
SPS AGREEMENT
 Allows members to set standards for safety of
human, animal & plant health-scientific basis,
apply to exte...
What measures are subject to TBT
provisions?
Technical
Regulation
Standard
Mandatory
Measures
Voluntary
Measures
Voluntary...
Main Disciplines of the
TBT Agreement
HarmonizationHarmonization
Avoidance of unnecessary
obstacles to trade
Avoidance of ...
Art.
2.1,5.1.1
Non-Discrimination
OriginatingOriginating
Of national originOf national origin
National
Treatment
From any ...
Avoid unnecessary obstacles to
trade
Standards/ Regulations/CAPs Must not
be prepared, adopted or applied so as to
Create ...
The Harmonization Principle
2 key
requirements
Shall play a full part in the
preparation by appropriate
international stan...
The Harmonization Principle: Use
of International Standards
Such guides or recommendations or relevant parts
are inappropr...
International Standards
Set of Principles
 Transparency
 Openness
 Impartiality & Consensus
 Effective & Relevance
 C...
TBT Agreement-Notification Conditions
Members must notify a measure when
both sets of conditions apply
A relevant
internat...
When or at what stage
to notify ?
 Notifications at draft stages when
amendments can still be introduced based on
comment...
The
Notification
Format
www.StudsPlanet.com
How much time is allowed
for comments
 At least 60 days time for other Members
to make comments in writing
 Discuss thes...
Number of TBT Notifications
per Member
7
14
8
7
6
11
10
9
10
2
0
2
4
6
8
10
12
14
1 2-5 6-10 11-20 21-30 31-50 51-100 101-...
TBT Notifications by Country Group
29
35
51
81
4
32
0
10
20
30
40
50
60
70
80
90
Developed
countries
Developing
countries
...
Total Number of TBT Notifications
365
460
794
648
669
611
538
581
794
638
0
100
200
300
400
500
600
700
800
1995 1996 1997...
TBT Notifications Distribution
www.StudsPlanet.com
TBT Notifications Distribution
www.StudsPlanet.com
TBT Notifications Distribution
www.StudsPlanet.com
TBT Notifications Distribution
www.StudsPlanet.com
TBT Notifications Distribution
www.StudsPlanet.com
TBT Notifications Distribution
www.StudsPlanet.com
Functioning of Enquiry Points
Enquiry Points
must respond to
reasonable
enquiries and
provide relevant
documents
regarding...
Responsibilities of Enquiry Point
Other Services that may be provided by Enquiry Point
Dissemination & Understanding of T...
BUREAU OF INDIAN STANDARDS
• National Standards Body of India
• Established 1947 – Indian Standards Institution
(ISI) – re...
INDIA FOREIGN TRADE –
QUALITY REGULATION
FOR IMPORTS:
 Directorate General of Foreign Trade
 Relevant Regulatory Agency
...
109 Products
 Food Colours & Food Additives
 Cement
 Gas Cylinders
 Electrical Appliances
 Infant Milk Products
 Pre...
India –
Regulatory Agencies
IMPORTANT AGENCIES INVOLVED IN QUALITY REGULATION
– Directorate General of Health Services PFA...
 Prevention of Food Adulteration Act 1954
 Plant Quarantine (Regulation of Import into India) Order, 2003
 Meat Food Pr...
INDIA
Notification Authority & Enquiry Points
Department of Commerce, Ministry of
Commerce- Notification Authority for Ind...
Role of BIS as Enquiry Point
Answering Enquiries
 Market Access
 Mandatory BIS Certification
 Acceptance of CE Marking
...
Examination of TBT Notifications
Aspects to be considered:
Are these Notifications in accordance with
International Standa...
Participate in International Standards
Setting
Be Proactive not Reactive to TBT
Notifications
Project Regional Concerns
Re...
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Standards and technical measures wto

  1. 1. Standards & Technical Measures : TBT Agreement: India’s Perspective Parminder Bajaj Head (International Relations & Technical Information Services Department) Bureau of Indian Standards www.StudsPlanet.com
  2. 2. Objectives of WTO To ensure  Free, more transparent and more predictable trade  Confidence in International Trade amongst the WTO member countries www.StudsPlanet.com
  3. 3. Technical Barriers to Trade WTO Agreements  Rules for international trade being written through various WTO Agreements  Rules pertaining to Standards, Regulations and Conformity Assessment for Trade in Goods are laid down in Agreement on Sanitary and Phyto Sanitary Measures (SPS) Agreement on Technical Barriers to Trade (TBT) www.StudsPlanet.com
  4. 4. TBT AGREEMENT  Applies to all products incl industrial and agricultural products  Voluntary standards & Technical regulations (mandatory stds)-notification to all members  Code of good practice for standards development  Product requirements in terms of performance rather than design or descriptive characteristics  Technical regulations of local governments below central govt to be similarly notified www.StudsPlanet.com
  5. 5. SPS AGREEMENT  Allows members to set standards for safety of human, animal & plant health-scientific basis, apply to extent necessary  Harmonization with Codex Alimentarius Commission-higher stds based on risk assessment-risk of spread of pest/disease,  Equivalence-allows use of different stds & different inspection methods for same level of protection www.StudsPlanet.com
  6. 6. What measures are subject to TBT provisions? Technical Regulation Standard Mandatory Measures Voluntary Measures Voluntary Measures Conformity Assessment Procedure www.StudsPlanet.com
  7. 7. Main Disciplines of the TBT Agreement HarmonizationHarmonization Avoidance of unnecessary obstacles to trade Avoidance of unnecessary obstacles to trade Non - DiscriminationNon - Discrimination www.StudsPlanet.com
  8. 8. Art. 2.1,5.1.1 Non-Discrimination OriginatingOriginating Of national originOf national origin National Treatment From any other countryFrom any other country Most-Favoured Nation (MFN) Conditions no Less Favourable to Access of Suppliers of Like Products Conditions no Less Favourable to Access of Suppliers of Like Products www.StudsPlanet.com
  9. 9. Avoid unnecessary obstacles to trade Standards/ Regulations/CAPs Must not be prepared, adopted or applied so as to Create unnecessary obstacles to international trade Standards/ Regulations/CAPs Must not be prepared, adopted or applied so as to Create unnecessary obstacles to international trade Art. 2.2,5.1.2 www.StudsPlanet.com
  10. 10. The Harmonization Principle 2 key requirements Shall play a full part in the preparation by appropriate international standardizing bodies of guides and recommendations for Standards/ Regulations/CAPs Shall play a full part in the preparation by appropriate international standardizing bodies of guides and recommendations for Standards/ Regulations/CAPs Relevant guides or recommendations issued by international standardizing bodies shall be used as a basis for the elaboration of Standards/ Regulations/CAPs Relevant guides or recommendations issued by international standardizing bodies shall be used as a basis for the elaboration of Standards/ Regulations/CAPs www.StudsPlanet.com
  11. 11. The Harmonization Principle: Use of International Standards Such guides or recommendations or relevant parts are inappropriate for the Members concerned Such guides or recommendations or relevant parts are inappropriate for the Members concerned Except national security requirements national security requirements For, inter alia, such reasons as prevention of deceptive practices prevention of deceptive practices protection of human health or safety protection of human health or safety protection of animal or plant life or health protection of animal or plant life or health protection of the environment protection of the environment fundamental climatic or other geographical factors fundamental climatic or other geographical factors fundamental technological problems fundamental technological problems fundamental infrastructural problems fundamental infrastructural problems www.StudsPlanet.com
  12. 12. International Standards Set of Principles  Transparency  Openness  Impartiality & Consensus  Effective & Relevance  Coherence  Development Dimension www.StudsPlanet.com
  13. 13. TBT Agreement-Notification Conditions Members must notify a measure when both sets of conditions apply A relevant international standard does not exist The measure may have a significant effect on trade of other Members The measure may have a significant effect on trade of other Members OR The measure is not in accordance with the standard www.StudsPlanet.com
  14. 14. When or at what stage to notify ?  Notifications at draft stages when amendments can still be introduced based on comments received.  For urgent reasons (safety, health, environment protection or national security), Notification must be made immediately upon adoption. www.StudsPlanet.com
  15. 15. The Notification Format www.StudsPlanet.com
  16. 16. How much time is allowed for comments  At least 60 days time for other Members to make comments in writing  Discuss these comments upon request  Take into account these written comments and the results of these discussions www.StudsPlanet.com
  17. 17. Number of TBT Notifications per Member 7 14 8 7 6 11 10 9 10 2 0 2 4 6 8 10 12 14 1 2-5 6-10 11-20 21-30 31-50 51-100 101-200 201-300 >300 www.StudsPlanet.com
  18. 18. TBT Notifications by Country Group 29 35 51 81 4 32 0 10 20 30 40 50 60 70 80 90 Developed countries Developing countries LDCs Notifying Members Total Number of Members www.StudsPlanet.com
  19. 19. Total Number of TBT Notifications 365 460 794 648 669 611 538 581 794 638 0 100 200 300 400 500 600 700 800 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 www.StudsPlanet.com
  20. 20. TBT Notifications Distribution www.StudsPlanet.com
  21. 21. TBT Notifications Distribution www.StudsPlanet.com
  22. 22. TBT Notifications Distribution www.StudsPlanet.com
  23. 23. TBT Notifications Distribution www.StudsPlanet.com
  24. 24. TBT Notifications Distribution www.StudsPlanet.com
  25. 25. TBT Notifications Distribution www.StudsPlanet.com
  26. 26. Functioning of Enquiry Points Enquiry Points must respond to reasonable enquiries and provide relevant documents regarding: Technical regulations, standards and conformity assessment procedures Membership and participation in international and regional standardizing bodies and conformity assessment systems / bilateral and multilateral arrangements Location of notices published Location of other Enquiry Pointswww.StudsPlanet.com
  27. 27. Responsibilities of Enquiry Point Other Services that may be provided by Enquiry Point Dissemination & Understanding of TBT related information Preparing Country’s stand on TBT Notifications Arranging Workshops/ Seminars for sensitizing other relevant agencies Export Alert Service www.StudsPlanet.com
  28. 28. BUREAU OF INDIAN STANDARDS • National Standards Body of India • Established 1947 – Indian Standards Institution (ISI) – registered as society - Statutory status since 1987 after enactment of BIS Act 1986 • Engaged in standards formulation, certification, testing and related activities including standards promotion & consumer education • Representing India in ISO & IEC - participant in Codex work www.StudsPlanet.com
  29. 29. INDIA FOREIGN TRADE – QUALITY REGULATION FOR IMPORTS:  Directorate General of Foreign Trade  Relevant Regulatory Agency  BIS for 109 Products FOR EXPORTS:  Export Inspection Council for about 1000 notified products (Food, footwear, chemicals, engineering, leather, jute etc) www.StudsPlanet.com
  30. 30. 109 Products  Food Colours & Food Additives  Cement  Gas Cylinders  Electrical Appliances  Infant Milk Products  Pressure Stoves  Steel Tubes  Miners’ Safety Equipment  Packaged Drinking Water and Natural Mineral Water  Thermometers Mandatory BIS Certification www.StudsPlanet.com
  31. 31. India – Regulatory Agencies IMPORTANT AGENCIES INVOLVED IN QUALITY REGULATION – Directorate General of Health Services PFA – Ministry of Food Processing Industry FPO – Department of Industrial Policy & Promotion BIS & EC Acts – Directorate of Marketing and Inspection AGMARK – Department of Agriculture & Cooperation Plant Quarantine – Department of Animal Husbandry & Dairying MMPO – Department of Legal Metrology Weights & Measures Act – Bureau of Energy Efficiency Energy Conservation Act – Chief Controller of Explosives Indian Explosives Act – Directorate General of Mines Safety Coal Mines Regulations – Ministry for Road Transport CMVR – Central Pollution Control Board www.StudsPlanet.com
  32. 32.  Prevention of Food Adulteration Act 1954  Plant Quarantine (Regulation of Import into India) Order, 2003  Meat Food Product Order 1973  Milk And Milk Product Order 1992  Bureau Of Indian Standards Act, 1986  Standards On Weight And Measurement Act 1976  Livestock Importation Act 1898  AGMARK Act 1937  The Infant Milk Substitutes, Feeding Bottles and Infant Foods Act  Export (Quality Control and Inspection) Act, 1963  Essential Commodities Act  Indian Explosives Act Some Acts/Regulations/Control orders India www.StudsPlanet.com
  33. 33. INDIA Notification Authority & Enquiry Points Department of Commerce, Ministry of Commerce- Notification Authority for India. Bureau of Indian Standards -Designated TBT Enquiry Point by Ministry of Commerce Ministry Of Health & Ministry of Agriculture- SPS Enquiry Points www.StudsPlanet.com
  34. 34. Role of BIS as Enquiry Point Answering Enquiries  Market Access  Mandatory BIS Certification  Acceptance of CE Marking  Acceptance of IECCB Scheme  Equivalence of Standards Handling TBT Notifications www.StudsPlanet.com
  35. 35. Examination of TBT Notifications Aspects to be considered: Are these Notifications in accordance with International Standards ? Are the requirements trade restrictive ? Are they stricter than International Standards than necessary to meet the legitimate objectives of:  Protection of human health or safety  Animal or Plant life or health  Environment Are these Scientifically Justified ? Expectations from Industry & Stakeholders www.StudsPlanet.com
  36. 36. Participate in International Standards Setting Be Proactive not Reactive to TBT Notifications Project Regional Concerns Responsibilities of WTO Member Countries www.StudsPlanet.com
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